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(영문) 서울중앙지방법원 2019.11.20 2019가단2146
채무부존재확인의 소
Text

1. The counterclaim Defendant shall pay 10,166,260 won to the counterclaim Plaintiff and 12% per annum from August 6, 2019 to the date of full payment.

Reasons

1. The description of the claim is as shown in the annexed sheet of claim

(B) On August 5, 2019, the counterclaim Defendant was served with the instant counterclaim and was absent from all on the date of pleading open on two occasions after having failed to submit the reply or written brief regarding the counterclaim after having been served with the instant counterclaim under Articles 208(3)2 and 150(3) of the Civil Procedure Act applicable mutatis mutandis (see, e.g., Supreme Court Decision 208(3)2 and Article 150(3) (see, e.g., Supreme Court Decision 201Da15068, Nov. 19, 2019). Meanwhile, the withdrawal of the instant suit became effective on November 19, 2019, when the counterclaim Defendant had been absent twice on the date on which the principal suit was filed and one month elapsed. Accordingly, the counterclaim Defendant is deemed to have led all the allegations of the counterclaim under Article 150(3) of the Civil Procedure Act).

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